Entering into Lawyer-Client Relationship: Intro and Misc Flashcards
Under RPC what is atty’s obligation to render pro bono?
Attorney should try for 50 hours/year
What is rule for accepting appointments by tribunal?
Attorney must not seek to avoid appointment by tribunal except for good cause
(violation of RPC or other law, or unreasonable financial burden on lawyer)
What is the rule w regards to dealing w a client with diminished capacity?
What is the rule w regards to seeking a guardian under RPC?
Under CA law?
Lawyer must maintain a normal attorney-client relationship to whatever extent possible.
RPC –> lawyer MAY seek appointment of a guardian or take other protective action if lawyer REASONABLY BELIEVES that client cannot protect themselves from harm
California –> lawyer MAY NOT seek appointment of guardian over client’s interests, even if lawyer REASONABLY BELIEVES she can’t protect herself from harm
What is the rule w regards to emergency legal assistance to non-client with diminished capacity?
Even if lawyer is unable to establish a client-lawyer relationship, lawyer may act if:
- HEALTH, SAFETY, or FINANCIAL interest
- of person with SERIOUSLY DIMINISHED CAPACITY
- is threatened with IMMINENT HARM
- and the person (or someone on their behalf) consulted the lawyer.
NOTE –> in this case, lawyer should not expect compensation.
NOTE –> in this case, lawyer owes same duties to this person as he would with any client
